Karnataka

StateCommission

A/1187/2018

The Branch Manager - Complainant(s)

Versus

Omkar - Opp.Party(s)

Harish Ananthamurthy

22 Jan 2024

ORDER

                                                                     Date of Filing : 07.08.2018

                                                                Date of Disposal : 22.01.2024

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:22.01.2024

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR : JUDICIAL MEMBER

 

Mrs DIVYASHREE M : LADY MEMBER

 

 

APPEAL No.1187/2018

 

The Branch Manager

Axis Bank Ltd.,

Seenu Complex

B V B College Road

Gandhi Gunj

Bidar - 585 403

Karnataka State                                                                  Appellant

(By Mr Harish Ananthamurthy, Advocate)

 

-Versus-

 

Mr Omkar

S/o Mr Gurunath Biradar

Aged about 35 years

Khatak Chincili

Bhalki Taluk

Bidar - 585 429                                                                    Respondent                                                   

(By Mrs. Bharti Patil, Advocate)

 

   : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 31.05.2018 passed in Consumer Complaint No.49/2017 on the file of District Consumer Disputes Redressal Forum, Bidar (hereinafter referred to as the District Forum).

2.       Heard the arguments of the learned Counsels on record.

3.       District Forum after enquiring into the matter, deemed it fit to allow the Complaint in part and directed the OP to refund the wrongly credited amount of Rs.81,590/- to the Complainant.  No order as to costs or otherwise.  Four weeks time granted to comply with the Order. Aggrieved by the Order, OP is in Appeal.

4.       It is an admitted fact that, the Complainant is in the business of transport of goods to various places and is having Saving Bank Account with OP Bank, Account No.912010018663568. On 23.01.2017, the Complainant transferred a sum of Rs.81,590/- through ATM to Account No.610505500027 of M/s. Bharathiyar Lorry Office at Palani with Palani Branch of ICICI Bank,  Tamilnadu.  On 25.01.2017, he received a call from the beneficiary about non-receipt of the amount. The Complainant on enquiring with the OP, he came to know that he had wrongfully credited the amount to Account No.61050550002.  However, OP orally assured the Complainant that the wrongfully credited account will be rectified within a period of three days and thereafter did not response and so also even to the Legal Notice dated 21.04.2017 and hence, he filed the said complaint against OP, claiming Compensation of Rs.91,590/- with interest.

5.       In his Version, OP stated that the Complainant might have transferred the cash on 23.01.2017 through ATM, which is kept for public use and ATM is functioning regularly and not defective. The Complainant has entered the wrong Account Number and he was negligent himself.  However, the matter has been taken up with ICICI Bank, Palani Branch, who revealed that the Account is being rectified and no such copy or proof of communication of the amount and neither the ICICI Bank, Palani Branch nor the Beneficiary of the transferred amount has been arrayed as parties to the case and hence, the case suffers from non-joinder of necessary parties.

6.   The observation of the District Forum is that the OP Bank claims to have taken up the matter with its counter part i.e., ICICI Bank, Palani branch then why not any such proof led during the trial by OP.  It is therefore crystal clear the OP bank has never taken up the matter to recover the wrong credit which proves deficiency of service.   It is not in the pleadings of the complainant that, after 25.01.2017 and before 17.04.2017, he has been pursuing the matter with the Bank diligently.  sitting lame duck for a period of about three months, thereafter showing a kneejerk reacting would surely not sing laurels for the complainant and accordingly passed the said order.

7.       On perusal of the documents annexed to the Memorandum of Appeal, the document No.19 & 20 : Statement of Account pertaining to the Complainant Account No. 912010018663568 between 01.01.2017 and 24.01.2017,  it is observed that on 23.01.2017 a sum of Rs.81,590/- was debited to the account of the Complainant, hence, it is clear that the transaction has been successfully completed.  Further, the document No.23 & 24 viz., Customer Complaint Form and ATM Complaint Details also discloses the transaction made by the Complainant.  Thus these documents clearly establish the contention of the Complainant. Per contra, it is the bounden duty of the OP to enquire with the matter in its entirety with his counterpart in ICICI Bank, Palani Branch Tamilnadu. To put it succinctly, acceptable evidence was not produced to confirm the enquiry conducted for resolving the matter and non-production only confirms that OP failed to discharge his part of the expected obligations in the matter.  Hence, we have no reservation in placing our observations on record to the effect that the OP Bank’s performance is totally callous and negligence, which certainly amounts to negligent and deficiency in service.  In the circumstances, we are of the considered opinion that there are no strong reasons for us to interfere with the impugned order and accordingly, we proceed to Dismiss the Appeal by confirming the Order of the District Forum.

8.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for the needful.

9.       Send a copy of this Order to the District Commission and to all others concerned immediately.

 

Lady Member                     Judicial Member                      President

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